Opinion
March 6, 1940.
Present — Crosby, P.J., Cunningham, Taylor, Harris and McCurn, JJ.
Judgment affirmed, without costs of this appeal to either party. Memorandum: Plaintiff claims that under the Tenement House Law there should have been a railing along the sidewalk on which he slipped and fell. Even if the premises be considered as a tenement house, a railing is not required along outside steps or walks. ( Indinali v. Lerner, 243 App. Div. 735; Hunter v. G.W.H.W. Realty Co., Inc., 247 id. 385.) As the entire premises at No. 29 Inwood Place had been leased to a tenant and the defendant did not retain control of any part thereof, the defendant is not liable for any injuries sustained upon such premises by plaintiff. ( Cullings v. Goetz, 256 N.Y. 287; Potter v. N.Y., O. W.R. Co., 261 id. 489; Elefante v. Pizitz, 230 id. 567.) All concur. (The judgment dismisses the complaint in an action for damages for personal injuries sustained by reason of falling on an icy step.)